When analysing mergers which risk generating anti-competitive effects, competition agencies often consider the trade-off between prohibiting the transaction and granting a conditional clearance. While it is clear that agencies should establish that a transaction generates anti-competitive effects to either prohibit it or impose conditions to its clearance, the point beyond which sufficient harm is assumed to be established, and a prohibition decision or the imposition of remedies are justified, is not always clear.

In November 2016, the OECD held a roundtable to explore competition authorities’ approaches to prohibiting mergers or accepting remedies to achieve a conditional clearance. The discussion provided insights into the factors that competition authorities consider when making their decision.